Compliance and Appeals
Building control and trading standards divisions of local authorities are responsible for ensuring that, when required, buildings have an Energy Performance Certificate.
The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5% or the rateable value of the building, subject to a minimum penalty of £500 and a maximum of £5,000. There is a default penalty of £750 where the formula cannot be applied.
A formula is used as the costs of producing an EPC for non-dwellings are expected to vary according to the size, complexity and use of the building.
The EPC will still be required.
If you believe that you have been wrongly issued with a penalty you can request a review, furthermore if you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you received notice confirming the penalty charge from your local authority.
Any concern about any aspect of the energy assessment or the quality or accuracy of the EPC should be addressed to CEA in the first instance.
If the matter is not resolved you should contact the accreditation scheme of the energy assessor who produced the certificate (the contact details will be on your EPC).
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